The injuries from pedestrian accidents are often severe and can lead to great financial burden. Every time that a pedestrian is injured by the carelessness of a driver, there is an avenue to justice under the law in the form of a claim for personal injury based on negligence. Knowing how to prove negligence is your ticket to getting the highest monetary recovery you are entitled to.
At Beverly Hills Injury Firm, our goal is to help pedestrian accident victims craft strong cases that will make negligent drivers face the music. This guide will walk you through the basics of how negligence works if you or a loved were hurt in the process of walking and show you what steps to take for legal success.
What is Considered Negligence in a Pedestrian Accident?
Negligence is the failure of a person to take reasonable care that might be owed to another, which results in harm. Negligence in pedestrian accident cases usually consists of breaking the traffic laws by a driver or a lack of focus on the road when pedestrians are around.
Some examples of common negligence in pedestrian cases:
Distracted driving, such as texting
Speeding or reckless driving
Failing to yield at crosswalks
Disregarding red lights or stop signs
DUI or Driving after using drugs/ alcohol
Turning without checking for pedestrians
Stopping or parking illegitimately on the sidewalks
In this case, negligence essentially requires proof that the driver was at fault for causing both the accident and your injuries.
The Proof of Negligence in Pedestrian Cases
Successfully making a claim goes beyond saying the driver was to blame. Your evidence must be either overwhelming in quality (e.g. incontrovertible satellites) or meet a very high threshold of proof that what you say happened, actually happened.
Evidence necessary to prove negligence includes:
Police reports with fault determinations
Surveillance footage or dashcam video
Eyewitness statements
Medical records documenting injuries
Accident reconstruction reports
Scene Photos
Mobile phone to trace distraction driving
Signal Timing Data (Where Available)
Time is of the essence, preserving this evidence as soon as possible can greatly affect your case.
OUR CLIENTS ALWAYS COME FIRST
OUR CLIENTS ALWAYS COME FIRST
Time Limit to File a Claim in California
The California State law gives a time limit of 2 years from when the pedestrian accident occurred to file a personal injury lawsuit. Six months in a government case (e.g. a city bus driver)
Do not miss your opportunity to receive compensation as waiting too long to file a claim may result in losing the right to take legal action.
Insurance carriers are not your friend. They are paid to pay out as little money, if not none at all. Our Beverly Hills Injury Firm attorneys know how insurers operate and are able to push back with robust legal strategies and relentless advocacy.
Our legal team will:
Investigate the accident thoroughly
Collect and preserve evidence
Handle all communication with insurers
Medical records documenting injuries
In order to ensure you are truly made whole after an injury, you may need to fight for full compensation, either in or out of court. Our pedestrian accident attorneys are familiar with pedestrian accidents and you can trust that we know what it takes to win your case.
Special Legal Challenges in Pedestrian Accident Injury Cases
Even though pedestrians are usually in the right, insurance companies may try to blame you by saying:
Crossed outside marked crosswalk or jaywalked
Wore made at night and did not appear.
Got sidetracked (eg, phone use)
Ignored pedestrian signals
Beverly Hills Injury Firm aggressively fights back with the truth, the evidence and expert testimony in order to protect your rights and get you fully compensated.
California’s Comparative Negligence Rule
California Adheres to a Pure Comparative Negligence Doctrine In addition, this is what allows you to recover from an accident no matter how much you were at fault. But you get a percentage of your fault deducted from your compensation.
Example:
The total of your damages is $100,000 but you were 20% at fault that means the maximum amount of recovery will be $80,000. The key is not shouldering all of this blame yourself, but to make sure that your part in it is as clear and fact-based as possible.
Possible Compensation
After establishing negligence, you could potentially recover a combination of economic and non-economic damages such as:
Emergency medical treatment
Long-term rehabilitation
Loss of income or earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment of life
Permanent disability or disfigurement
The lasting impact of pedestrian injuries makes it necessary to seek additional damages to cover future claims. If you or someone close to you has suffered harm in a pedestrian crash, do not lose time. Allow our experienced lawyers to review your case, explain and advise you at each step of the journey.
Contact Beverly Hills Injury Firm today for a free consultation. We are committed to fighting for the justice you deserve, and we also want to make sure you receive the compensation you need.
Your recovery begins with a good team of attorneys.
We offer free consultations
We offer free consultations
Note: This guide is for informational purposes only and does not constitute legal advice.
FOUNDER & TRIAL ATTORNEY
Meet Shawn Mangoli
“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”
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California Personal Injury Firm committed to getting maximum compensation.
Don’t settle for less.
Contact
Quick Links
Follow Us